Legislature(1999 - 2000)

02/16/1999 01:36 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SENATE LABOR AND COMMERCE COMMITTEE                                                                                    
                  February 16, 1999                                                                                             
                      1:36 P.M.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Jerry Mackie, Chairman                                                                                                  
Senator Tim Kelly, Vice Chairman                                                                                                
Senator Dave Donley                                                                                                             
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Loren Leman                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 53 "An Act relating to a state employment                                                                       
preference for certain members of the Alaska National Guard."                                                                   
                                                                                                                                
     -MOVED SB 53 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 51 "An Act relating to barbers, hairdressers,                                                                   
manicurists, and cosmetologists; and providing for an effective                                                                 
date."                                                                                                                          
                                                                                                                                
     -MOVED SB 51 OUT OF COMMITTEE                                                                                              
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 53 - No previous action to consider.                                                                                         
                                                                                                                                
SB 51 - No previous action to consider.                                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Mr. Chris Nelson, Staff                                                                                                         
Joint Committee on Military Bases in Alaska                                                                                     
Senator Tim Kelly                                                                                                               
State Capitol Bldg.                                                                                                             
Juneau, AK 99811-1182                                                                                                           
POSITION STATEMENT: Commented on SB 53                                                                                          
                                                                                                                                
Mr. Bruce Gazaway, President                                                                                                    
Alaska National Guard Enlisted Association                                                                                      
4420 Edinburgh Dr.                                                                                                              
Anchorage, AK 99515                                                                                                             
POSITION STATEMENT: Supported SB 53.                                                                                            
                                                                                                                                
Mr. Bruce Gabrys, President                                                                                                     
Alaska National Guard Officers Association                                                                                      
10229 Baffin St.                                                                                                                
Anchorage, AK 99577                                                                                                             
POSITION STATEMENT: Supported SB 53.                                                                                            
                                                                                                                                
Ms. Catherine Reardon, Director                                                                                                 
Division of Occupational Licensing                                                                                              
Department of Commerce and Economic Development                                                                                 
P.O. Box 110806                                                                                                                 
Juneau, AK 99811-0806                                                                                                           
POSITION STATEMENT: Commented on SB 51.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-3, SIDE A                                                                                                               
                                                                                                                                
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN MACKIE called the Senate Labor and Commerce Committee                                                                  
meeting to order at 1:36 p.m. and announced SB 53 to be up for                                                                  
consideration.                                                                                                                  
                                                                                                                                
          SB 53-EMPLOYMENT PREFERENCE FOR NAT'L GUARD                                                                           
                                                                                                                                
SENATOR KELLY, sponsor, explained that this issue was brought to                                                                
him by the Alaska National Guard Officers' Association and the                                                                  
Alaska National Guard Enlisted Association and was first introduced                                                             
as legislation in 1989.  It was recently raised as an issue again                                                               
because the Alaska National Guard are running into problems with                                                                
recruiting and retention.  He noted there is a companion bill                                                                   
sponsored by Representative Morgan in the House.                                                                                
                                                                                                                                
MR. CHRIS NELSON, staff for the Joint Committee on Military Bases                                                               
in Alaska, stated in Fiscal Year 1998 (FY98), 429 soldiers left the                                                             
Alaska National Guard.  When any organization loses people in mid-                                                              
career, they are losing people with institutional memory and                                                                    
experience, the very best people.  A suggestion from the leaders of                                                             
the National Guard Associations is to provide a three-point                                                                     
incentive on the State's civil service exam to encourage Guard                                                                  
members to maintain their active status.  This also provides the                                                                
State with the opportunity to get employees into other state                                                                    
service who are mature, disciplined, and team players.  These                                                                   
people are drug-free and meet all the other requirements the                                                                    
military imposes on its work force.  It's a win-win situation to                                                                
for the Guard and the State of Alaska to have these people continue                                                             
to serve in the National Guard and to seek employment with the                                                                  
State of Alaska and other agencies.                                                                                             
                                                                                                                                
CHAIRMAN MACKIE asked Mr. Nelson to explain how this would work.                                                                
                                                                                                                                
MR. NELSON responded that typically an airman would enlist in the                                                               
Guard for a period of six years and an officer has an initial                                                                   
obligation of about the same thing.  SB 53 waits until someone has                                                              
been in eight years; at which point they have a commitment to the                                                               
Guard, have been through their basic and AIT training, their branch                                                             
officer basic course and advanced courses.  These people will                                                                   
typically be E5's and E6's and O3's and O4's.  This is the                                                                      
beginning of their most productive years for the Guard.  At that                                                                
point, a lot of people who enlisted in the Guard when they were 18,                                                             
19, and 20 years old, have begun families and careers, which                                                                    
pressures them to consider whether they have enough time for the                                                                
Guard.  The Guard wants them to continue being part of their                                                                    
family, as well, and also want to encourage them to have stable                                                                 
employment.  One of the ways to do that is to encourage them to                                                                 
work for other agencies of the State.  SB 53 provides a three-point                                                             
bonus for those veterans.  To qualify for the bonus, they must be                                                               
active members of the Guard and must have served eight years.                                                                   
                                                                                                                                
CHAIRMAN MACKIE asked how much of an advantage that would be.                                                                   
                                                                                                                                
MR. NELSON answered that it is less than the five-point bonus given                                                             
to Alaskans who are combat veterans or who have been prisoners of                                                               
war, but it is significant enough to make it possible for members                                                               
to achieve employment.                                                                                                          
                                                                                                                                
CHAIRMAN MACKIE said that veterans currently receive five points;                                                               
disabled veterans and prisoners of war received 10 points.  He                                                                  
asked if points accumulate for people who fit several different                                                                 
categories.                                                                                                                     
                                                                                                                                
MR. NELSON said, no, a person gets the highest number of points                                                                 
they qualify for.  He added that this bill would exclusively affect                                                             
people who have enlisted and served in the Guard exclusively.                                                                   
                                                                                                                                
SENATOR DONLEY asked what the total points available on an                                                                      
examination are.                                                                                                                
                                                                                                                                
CHAIRMAN MACKIE said they would find out.                                                                                       
                                                                                                                                
Number 147                                                                                                                      
                                                                                                                                
MR. BRUCE GAZAWAY, President, Alaska National Guard Enlisted                                                                    
Association, summarized his position which he had  also presented                                                               
in a letter before the Committee.  He said he was a member of the                                                               
Guard for 18 years as an NCO.  He sees SB 53 as a retention tool,                                                               
though three points is not an overwhelming endorsement.  It is more                                                             
than a token, however, because it will make a National Guard member                                                             
stand out and give him or her a chance to get an interview.  This                                                               
is an appropriate action for the State, because the Guard is a                                                                  
State asset.  This bill encourages  midlevel management and skilled                                                             
technicians to stay on the job when there are lots of incentives to                                                             
leave, like the increased burden that military downsizing has                                                                   
placed upon the average Guardsmen.                                                                                              
                                                                                                                                
MR. GAZAWAY said that our nation has become increasingly dependent                                                              
on the Guard and Reserves, sending them to help out in situations                                                               
like Hurricane Mitch.  Too often when they come back, they have a                                                               
hard time finding work.                                                                                                         
                                                                                                                                
MR. BRUCE GABRYS, President, Alaska National Guard Officers                                                                     
Association, said he recently retired as a Lieutenant Colonel with                                                              
five years of active service and 15 years in the Alaska Army                                                                    
National Guard.  He said he sent a letter recently to Senator Kelly                                                             
supporting SB 53.  Most jobs for state application  generally have                                                              
a possible score of 100 points.  A preference of three points is                                                                
less than what is given to veterans, but those are veterans that                                                                
served during a period of war, not necessarily those participating                                                              
in combat.                                                                                                                      
                                                                                                                                
He explained that the National Guard role is much different now                                                                 
than in years past.  The active Army cannot make any major                                                                      
deployment without getting some support from the National Guard                                                                 
where air craft, vehicle mechanics, and material handlers are now                                                               
located.  The Guardsmen will go individually or as a unit, but it                                                               
many cases, it's a voluntary call-up.  Because of that, they don't                                                              
share some of the same benefits they would get under full                                                                       
mobilization.                                                                                                                   
                                                                                                                                
MR. GABRYS said the three points is not intended to compete with                                                                
the service that's provided by those who did perform during a                                                                   
period of war or were a POW or had a service related disability.                                                                
That three points recognizes the service they provided to both the                                                              
State and the nation.  The National Guard in Alaska is being called                                                             
upon more and more frequently to support our natural disasters in                                                               
the State.                                                                                                                      
                                                                                                                                
He clarified that the three point preference does not force the                                                                 
selecting supervisor to hire that particular Guard or veteran, but                                                              
only assists the applicant with preference points in ranking high                                                               
enough to get an interview.  The selecting supervisor can then                                                                  
select from the top five categories.  Assuming 100 is the maximum                                                               
number of points, a disabled veteran would have 110 which would be                                                              
the top category and it would work down from there.  If a disabled                                                              
vet scored 90 on the test, he would have a score of 100.                                                                        
                                                                                                                                
Number 208                                                                                                                      
                                                                                                                                
SENATOR KELLY asked if under the definition of a federal veteran,                                                               
a person would have to serve at specific times, for instance WWII,                                                              
the Korean War, Vietnam, or Desert Storm, in order to be qualified                                                              
as a veteran.                                                                                                                   
                                                                                                                                
MR. GABRYS answered he thought that was correct and he thought the                                                              
State's definition would be a period of service before 1976, the                                                                
Vietnam era.                                                                                                                    
                                                                                                                                
SENATOR KELLY responded that there are almost no veterans left from                                                             
WWII and Korea that are in the labor market.                                                                                    
                                                                                                                                
SENATOR DONLEY said he didn't see these dates in the statute.                                                                   
                                                                                                                                
SENATOR KELLY said it was somewhere else and he was surprised that                                                              
Desert Storm isn't included.                                                                                                    
                                                                                                                                
MR. GABRYS said the 1976 date was Vietnam and he thought the window                                                             
should have been opened again for Desert Storm.                                                                                 
                                                                                                                                
SENATOR KELLY commented that the youngest guys, if they went to                                                                 
Vietnam, would be about 43 now and there aren't as many preferences                                                             
in play now as there were 20 years ago.                                                                                         
                                                                                                                                
SENATOR DONLEY asked to find where the dates are defined.                                                                       
                                                                                                                                
SENATOR KELLY said they would find it.                                                                                          
                                                                                                                                
MR. GAZAWAY said he thought the dates were defined in federal                                                                   
legislation and  he thought Desert Storm was covered.  The                                                                      
definition allows for people who served in a direct capacity.                                                                   
                                                                                                                                
SENATOR DONELY said he wanted to see where the State rule referred                                                              
to the federal rule.                                                                                                            
                                                                                                                                
CHAIRMAN MACKIE announced a recess at 1:55 p.m. to allow for a fire                                                             
alarm.  He called the meeting back to order at 2:10 p.m. and noted                                                              
that the same quorum was present.  He stated that Senator Donley's                                                              
question had been answered.                                                                                                     
                                                                                                                                
SENATOR KELLY moved to pass SB 53 from committee with individual                                                                
recommendations.  There were no objections and it was so ordered.                                                               
                                                                                                                                
     SB 51-LICENSING OF COSMETOLOGISTS                                                                                          
                                                                                                                                
CHAIRMAN MACKIE announced SB 51 to be up for consideration                                                                      
                                                                                                                                
SENATOR KELLY said the bill was introduced at the request of the                                                                
Board of Cosmetologists.  The only controversy within the bill                                                                  
appeared to be the licensing of manicurists and what training they                                                              
require.                                                                                                                        
                                                                                                                                
CHAIRMAN MACKIE noted that the sponsor of SB 51 was actually the                                                                
Senate Community and Regional Affairs Committee.                                                                                
                                                                                                                                
MS. CATHERINE REARDON, Director, Division of Occupational                                                                       
Licensing, said her staff provides the staff support to the Board                                                               
of Barbers and Hairdressers.  She agreed that the primary issue in                                                              
SB 51 is the licensing of manicurists.                                                                                          
                                                                                                                                
Less controversial items include changing the term "cosmetologist"                                                              
to "aesthetician" throughout the statute; this is why the bill is                                                               
so long.  This is a request of the Board which says that the term                                                               
"aesthetician" is much more common in other parts of the country to                                                             
mean skin care which is what cosmetologists are in our statute.                                                                 
Using the term "cosmetologist" has been confusing to people who are                                                             
coming in from other states, leading them to think that's a                                                                     
hairdresser license and applying for the wrong kind of license.  SB
51 has no other impacts on her division or fiscal impacts.                                                                      
                                                                                                                                
The next item is the creation of a temporary license, which is                                                                  
different from a temporary permit.  The temporary license allows                                                                
people to continue to practice between the period that they                                                                     
complete their training and passing the exam.  Depending on what                                                                
town you are in, there could be lag-time before the exam is                                                                     
offered.  This provision allows the temporary licensee to operate                                                               
under the direct supervision of another licensed person and was                                                                 
also proposed by the Board.                                                                                                     
                                                                                                                                
MS. REARDON said that in the past she has opposed licensing                                                                     
manicurists, but the Board has traditionally supported licensing                                                                
manicurists.  The Board is meeting in March and could comment on                                                                
the specific bill.  Her Division's perspective of SB 51 is that                                                                 
training required for a manicurist's license is carefully                                                                       
restricted in the title and content of the bill, to be very                                                                     
specific that it cannot exceed 12 hours of training and in health,                                                              
safety, and hygiene.  She personally feels that is preferable to                                                                
previous proposals, because in prior years her concern was that                                                                 
there were a lot of manicurists practicing right now without                                                                    
licensure and potentially there would be a very expensive training                                                              
regimen set up where people would have to close their shop and go                                                               
to Anchorage for a couple of months, and spend a couple thousand                                                                
dollars to get a license.  That might have a lot of real negative                                                               
consequences for small business people.  She wasn't sure that the                                                               
public health and safety risk of incompetent manicuring was                                                                     
sufficient to be worth that problem for business people.  Since the                                                             
bill is directed toward health and safety, primarily concerns about                                                             
infections resulting from fake nails that are being put on                                                                      
permanently.  The Board members tell her that it possible to get                                                                
infections because the nail is covered for so long.  If that is the                                                             
reason for government involvement in regulation of this profession,                                                             
it is appropriate that the training focus on the safety issues.                                                                 
                                                                                                                                
CHAIRMAN MACKIE asked if she supported the bill.                                                                                
                                                                                                                                
MS. REARDON answered that she thought the Department would be                                                                   
neutral on this bill, but she hadn't shown it to the Commissioner                                                               
for the official position.  The Board has not seen this bill, but                                                               
she anticipates that they would support it.                                                                                     
                                                                                                                                
Number 410                                                                                                                      
                                                                                                                                
SENATOR KELLY asked if there was a section that said if you're an                                                               
instructor, you no longer have to get each individual certificates                                                              
and pay a whole new permit fee.                                                                                                 
                                                                                                                                
MS. REARDON replied that is the fourth aspect of this bill on page                                                              
5, line 9 of the draft CS.  It says a person licensed as an                                                                     
instructor is considered to be licensed as a practitioner, and,                                                                 
therefore, they don't have to buy both the instructor license and                                                               
the practitioners license.  The Department supports this provision.                                                             
She added that there would be a fiscal note relating to the                                                                     
licensing of manicurists; however, since the draft says there won't                                                             
be a state administered examination, that would decrease her last                                                               
year's fiscal note.  She would not collect the $55 fee to hire a                                                                
proctor to give the exam.                                                                                                       
                                                                                                                                
SENATOR DONLEY said that some states allow self-testing to avoid                                                                
the problem of the state offering the test only on certain dates.                                                               
He asked if the Board has a position on that.                                                                                   
                                                                                                                                
MS. REARDON said she didn't know for sure, but would ask them.                                                                  
From the Division perspective, it doesn't seem to be very                                                                       
disturbing.  In fact, it might be a good idea.  She said a concern                                                              
might be if the exam givers are giving it to their own students.                                                                
She said she would find out and noted that taking the exam out of                                                               
the state's hands would also take out of the State's budget.                                                                    
                                                                                                                                
Number 450                                                                                                                      
                                                                                                                                
SENATOR KELLY moved to adopt the CS to CSSB 51(L&C).  There were no                                                             
objections and it was so ordered.                                                                                               
                                                                                                                                
SENATOR DONLEY asked if there were any concerns about exploring the                                                             
self testing aspect.                                                                                                            
                                                                                                                                
SENATOR KELLY said he didn't understand how it would fit in this                                                                
bill.                                                                                                                           
                                                                                                                                
SENATOR DONLEY explained that offering an exam in the private                                                                   
sector would allow a person to take it right away instead of having                                                             
to wait two or three months.                                                                                                    
                                                                                                                                
SENATOR KELLY said he thought that was a different place than where                                                             
the bill started out.  He doubted that anyone would fail the exam;                                                              
if they would pay the $3,000 - $4,000 to take the course, he                                                                    
thought they would pass the exam whether they showed up or not.                                                                 
                                                                                                                                
SENATOR DONLEY said in a way it related to the intermediate                                                                     
license, since the State only offers the exam at certain times.                                                                 
                                                                                                                                
CHAIRMAN MACKIE said he thought it sounded more efficient to be                                                                 
able to take the test when you are done with the course rather than                                                             
to have to schedule another trip out of town to take the test.                                                                  
                                                                                                                                
SENATOR KELLY suggested getting an opinion from the Board while the                                                             
bill moves to Finance.                                                                                                          
                                                                                                                                
MS. REARDON agreed to poll the Board and let the committee know                                                                 
their position as soon as possible.                                                                                             
                                                                                                                                
CHAIRMAN MACKIE noted that Ms. Janice Adair, Director, Division of                                                              
Environmental Health, had been available to testify in Anchorage,                                                               
but had to leave because of illness.                                                                                            
                                                                                                                                
MS. REARDON explained that the bill requires the Department of                                                                  
Environmental Conservation (DEC) to inspect a shop when it first                                                                
opens.  When a business changes hands, DEC is no longer able to                                                                 
reinspect.  Where municipalities are involved, more frequent health                                                             
inspections are occurring.                                                                                                      
                                                                                                                                
CHAIRMAN MACKIE noted the DEC fiscal note of $3,800 and which says                                                              
the Department does not currently inspect facilities covered by                                                                 
this legislation, nor are they proposing to start an inspection                                                                 
program.  Regulations are self-implementing and, time permitting,                                                               
they would respond to complaints.  However, they present a                                                                      
relatively low public health risk.                                                                                              
                                                                                                                                
SENATOR KELLY moved to pass CSSB 51(L&C) from committee with the                                                                
accompanying fiscal notes.  There were no objections and it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
CHAIRMAN MACKIE adjourned the meeting at 2:28 p.m.                                                                              
                                                                                                                                

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